SITE TERMS AND CONDITIONS
This Site is owned and operated by Luxe.It.Fwd Pty Ltd ACN 603 461 212, with outsourced technical assistance. By accessing this Site and making any purchases from this Site, you agree to the Terms and Conditions set out below. If you do not agree to abide by these Terms and Conditions, then do not access or use this Site.
In these Terms and Conditions, the following words and phrases have the following meanings, unless the context requires otherwise:
(a) “Fees” means the relevant fees, if any, as set out on the Site to be paid by you to have access to and receive the services provided on the Site;
(b) “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, service marks or trade marks, designs, patents, know-how, circuit layouts, software, business and domain names, inventions and other results of intellectual activity;
(d) “Site” means any site owned by us and all parts and pages of it;
(e) “Software” means any software which is required by, relevant to, or used in conjunction with the Site including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
(f) “us” means Luxe.It.Fwd Pty Ltd ACN 603 461 212 and “we” or “our” will be interpreted accordingly; and
(g) “you” means the person or entity that accesses the Site and “your” will be interpreted accordingly.
2. ACCESS TERMS
(a) Your use of this Site is by non-exclusive licence granted by us strictly in accordance with these Terms and Conditions.
(b) You acknowledge and agree with us that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Software, or the Site other than the non-exclusive rights granted in accordance with these Terms and Conditions.
(c) The Site is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not intended to be used by persons under 18 years of age. If you do not qualify, please do not use our services.
(d) In order to use this Site, you require the equipment and connections necessary to access the World Wide Web. You are responsible for:
(i) the provision of any such connection or access to the World Wide Web;
(ii) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(iii) the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
(e) Subject to your compliance with these Terms and Conditions, we may grant to you a non-exclusive, non-transferable licence to use the Site on these Terms and Conditions.
3. BROWSING AND SALES
(a) We guarantee that all products for sale on our Site are authentic.
(b) The handbags and products for sale on our Site are pre-owned and are in the condition depicted on the respective product page. All products are sold on an an-is basis in their present condition and we make no representations or warranties as to the extent or nature of the previous use of a product by the previous owner, as such matters are outside of our direct knowledge, other than matters we are directly aware of from inspecting the product. For this reason, and except to any extent required at law, we do not give any representation or warranty as to the remaining life of a product or any aspect thereof, nor of any condition aspects affecting the product which arise only subsequent to the sale of a product such that we had no knowledge of such aspect at the time of sale.
(c) All efforts have been made to photograph and describe the handbags and products clearly and accurately and to state any condition aspects and issues that we are aware of. The colour of our products may differ to the colour depicted in photographs due to differing lights.
(d) We are not in any manner affiliated or associated with the designers/companies whose pre-owned products we sell and nor do we represent to be. The trademarks of those designers/companies is vested in them as the rights holders.
(e) If you purchase a product from us and wish to return this due to you changing your mind, then you may return the product to us provided that you comply with our Returns Policy. Our change of mind returns is provided as a courtesy for customers and should a customer misuse that courtesy by returning excessively or attempting to re-sell the item before seeking a return (in which case the item would also be deemed to be used), then the customer will not be eligible for a return. For the return of items purchased outright, returns are free, except for layby orders. For the return of items purchased under layby, a 10% service fee will be retained. All other items returned pursuant to our Returns Policy will be refunded in full, excluding any international shipping fee paid on international orders. To initiate a return you must notify us by email and have shipped back the item by 5pm (AEST) on the final day of the returns period. For the purposes of calculating the returns period and subject to the subsequent sentence, this period commences on the day the item is delivered, that day being counted as day 1, and ends at 5pm (AEST) on the final counted day of the returns period. The only exception to this calculation is if you delay in collecting the item from a location where it has been delivered for your collection and/or for international orders if the shipment is delayed during customs due to your failure to take such action is necessary to have the shipment processed into your country including without limitation the payment of any import duties, taxes or charges, then in such case the returns period will be reduced proportionately to the number of days of the delay due to such failure to take such action or failure to collect, which in the case of long delays on your part will mean that the change-of-mind returns period may be reduced entirely. (Please note that this condition is necessary to protect our owners who receive payment only once a sale is final upon the returns period elapsing). You must then promptly comply with our directions for return shipment of the product following the return being initiated, to ensure its immediate return and that it is shipped back by the final day of the returns period. Noting that our items are all one-off and the change-of-minds return is provided as a courtesy, it is imperative that you send back the item for return immediately upon our return instructions being given. Upon our return instructions being given, any delay in sending the item for return will result in the item being ineligible for return. This change of mind returns policy is in addition to any return rights available to a customer at law.
(f) If in the unlikely event we are not able to fulfil an order for a product that you have purchased from us, we will immediately issue you with a full refund of any monies you have paid us for that product. We reserve the right to cancel an order for any reason, including in the event of an error, and in such case we will refund any monies paid.
(g) Upon purchase, we will ship the purchased product to you by either courier or post. You or another person at your nominated address must sign for your product to accept receipt and you are responsible for ensuring that any person signing for receipt of the product is authorised to do so. Upon yourself or another person accepting receipt of your product, the risk and title in the product is deemed to pass to you.
(h) If you consign an item via our Site, then your consignment will also be subject to our Consignment Terms. We reserve the right to not accept an item for consignment for any reason.
(i) If you sell an item to us, then your sale will also be subject to our Selling to Us Terms. We reserve the right to not accept an item for outright sale for any reason.
(j) Layby payments must be undertaken via our checkout using a verified PayPal account and also pursuant to the terms in place from time to time by our third party layby payments provider, Lay-Buy Financial Solutions Pty Ltd (terms as available via their website: https://lay-buys.com). A 0.9% surcharge on the price of the item is payable for all laybys and this is non-refundable. If you layby an item from us, you must pay each instalment in full by the date specified, and time is of the essence in this regard, or otherwise we may elect to immediately terminate the layby arrangement. If a layby order is cancelled at your request or due to you not paying an instalment by the due date, then a cancellation/processing fee of 10% of the price will be retained and the balance of the purchase price will be refunded to you (excluding the non-refundable 0.9%).
(k) Payment of a product by ZipPay or ZipMoney is subject to ZipPay's or ZipMoney's terms and conditions (available via their website: https://zippay.com.au or https://zipmoney.com.au/). All payment and repayment matters relating to a ZipPay or ZipMoney payment are to handled between ZipPay / ZipMoney and the customer, and are not the responsibility of Luxe.It.Fwd.
(l) Payment of a product by Afterpay is subject to Afterpay's terms and conditions (available via their website: https://www.afterpay.com/). All payment and repayment matters relating to an Afterpay payment are to handled between Afterpay and the customer, and are not the responsibility of Luxe.It.Fwd.
4. PAYMENT OF FEES
(a) For all payments of Fees as set out on the Site, payment is required at the time specified on the Site.
(b) Any references to the retail price of a product when new refers to the price in today's dollar equivalent of the approximate price that the bag retails for currently or in the case of discontinued production bags, today's dollar equivalent of the last price the bag retailed for new. These price references are general estimates only to be used as a general estimate only. It is your responsibility to make your own enquiries to satisfy yourself with what the retail price of a product when new is and whether you are satisfied to pay the price we sell the pre-owned item for on our site.
(c) For sales made within and shipping to Australia, the specified price of a product is all inclusive of the shipping fee, taxes and charges. For international sales, a shipping fee is payable in addition to the product price and you are responsible for the cost of all taxes, duties and other charges whatsoever of importing the product into your country, and you are responsible to adhere to any importing procedures of your country in order to receive delivery of the product.
(d) If we use a third party supplier for the payment of the Fees you will be directed to this third party supplier when attending to payment of the Fees and all payments are subject to the third party supplier’s terms and conditions and policies and you should read these before proceeding with your payment.
5. USE OF SITE
(a) In relation to the Site you must not:
(i) make the details of your user name or password available to any unauthorised third party;
(ii) download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Site except for research or personal use or as otherwise authorised by us;
(iii) sub-license, rent, lease, transfer or attempt to assign the rights in the Site or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;
(iv) make the Site available on a network;
(v) use the Site or the Software except as permitted by these Terms and Conditions;
(vi) allow any other person to use the Site other than in accordance with these Terms and Conditions;
(vii) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another; or
(viii) input any material which is subject to Intellectual Property Rights of us or any third party.
(b) You must keep your user name and password and any other account names, tokens or log in identifications required to access the Site secure and confidential. You must notify us immediately of any unauthorised use of your username or password or any other breach of security.
6. SYSTEM INTEGRITY AND USER CONDUCT
(a) Without limiting clause 5, you must not use the Site or any of our other communication mediums, including any social media platform, to:
(i) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(ii) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
(iii) input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of Us or any third party or breaches any duty of confidence or contractual obligation owed to Us or any third party;
(iv) input, upload, post, disclose or transmit any material that is unlawful or violates any law;
(v) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;
(vi) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
(vii) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
(viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(ix) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(x) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(xi) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses;
(xii) breach the Privacy Act 1988 (as amended from time to time), or the Australian Privacy Principles; or
(xiii) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
(b) You acknowledge and agree that you must not:-
(i) use the Site for any purpose other than the purpose for which it was designed and intended;
(ii) commit or permit any act which may interfere with the use of the Site by any other user;
(iii) tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
(iv) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Site or any part thereof; or
(v) damage, modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Site or any part thereof in any way.
(c) You acknowledge and agree that any material contributed by you on our Site, Facebook or other media may be removed by us at our discretion and we shall accept no liability for any loss or damage caused by or in connection with such removal.
(d) You must not without prior written consent of us which shall be given, given with conditions or withheld at our absolute discretion:-
(i) affix or otherwise display your name or logo on the content of the Site in a way that suggests a direct or indirect association with us and/or any content provider to the Software or the Site; or
(ii) use another user's username or password.
7. LINKS AND ADVERTISING
(a) This Site may contain links to third party websites. Those websites are not under the control of us and we are not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
(b) Neither we nor our officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
(c) The Site may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither we nor our officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
(d) You may link the Site from any other website not owned or operated by us without prior written consent from us, however, you acknowledge and agree that we reserve the right to block or otherwise disallow such links at our discretion.
8. INTELLECTUAL PROPERTY RIGHTS
(a) The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the "Content") is protected by Intellectual Property Rights.
(b) The Content, the Software, and the Site are protected by copyright laws and other Intellectual Property Rights. You acknowledge that we are the owner of these rights, with our affiliates or other third party licensors.
(c) All product and company names and logos contained within the Site are the trade marks, service marks or trading names of their respective owners, including us.
(d) You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software, or the Site is transferred or granted to you, other than the rights granted expressly by these Terms and Conditions.
(e) You agree that:-
(i) without limiting any other term, Clause 6 applies to the Content;
(ii) any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software, or the Site will be the sole and exclusive property of us including but not limited to any content and/or work or material created, formulated or developed by you and submitted by you through the use or access to the Software or the Site;
(iii) You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to us.
9. ENGAGEMENT AND FEES
(a) Your use of the Site or your completion of any forms or tables on the Site does not automatically create a relationship of any sort between you and us, including that of client and agent.
(b) Any Fees indicated on the Site are subject to change without prior notice.
10. INFORMATION PROVIDED AND PRIVACY
(i) you must ensure that any Personal Information you provide to us is correct;
(ii) by accepting these Terms and Conditions, you agree to the use of the Personal Information for the purpose of us providing the Site.
(a) We will keep in confidence your Personal Information and will not disclose that information to any person without your written consent.
(b) Clause 11(a) will not apply to:
(i) information which we are required to disclose by the Australian Taxation Office, a court of competent jurisdiction, any government body or applicable regulatory authority or any other person or bodies having a right, duty or obligation to request such information and then only in pursuance of such right, duty or obligation.
(c) This clause 11 will remain in effect not withstanding termination or expiry of your use of the Site.
(a) We do not warrant that:
(i) the Software, or the Site will provide any function for which it is not specifically designed;
(ii) the Software or the Site will provide any minimum level of performance; or
(iii) the Software or the Site will be virus free or free of performance anomalies or be operational without interruption.
(b) You warrant to us that at the time of entering into the Site, you were not relying on any representation made by us.
(c) Except as expressly provided to the contrary, and to the extent permitted by law, we make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Software or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site.
13. DISCLAIMER AND LIMITATION OF LIABILITY
(a) This Site is provided by us on an "as is" basis without any express or implied warranty of any kind.
(b) The Software or the Site may contain inaccuracies or typographical errors.
(c) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
(d) We may change any of the material on the Site at any time without notice and makes no commitment to update any material on the Site.
(e) If you purchase any products from the Site, you acknowledge that such products are not in a new condition and are sold in the pre-owned condition listed on the Site for each product. You acknowledge that the “price if new” price specified for a product on our Site is an approximation only based on our reasonable enquiries and that the actual price of that product if new may vary.
(f) You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site.
(g) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the material on or accessible through the Site.
(h) You release us and our officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if we have been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
(i) Without limiting clause 13(g), you release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on the Software or the Site, whether or not caused by any negligent act or omission including but not limited to:-
(i) your reliance on the Software or the Site;
(ii) the statements or actions of any employee or agent of ours;
(iii) any unauthorised access to or alteration of your transmissions or data;
(iv) any information that is sent or received or not sent or received;
(v) any failure to store or loss of data or files or other content;
(vi) your fraudulent, negligent or otherwise unlawful behaviour;
(vii) any delay or interruption of the Software or the Site;
(viii) any loss incurred as a result of a third party obtaining your access details, either with or without your knowledge; or
(ix) any loss or damages in relation to the supply of services on or in relation to this Site and any advertisement placed on the Site or information made available on the Site.
(j) If layby is offered at our discretion, then layby payments must be undertaken via our checkout using a verified PayPal account and also pursuant to the terms in place from time to time by our third party layby payments provider, Lay-Buy Financial Solutions Pty Ltd (terms as available via their website: https://lay-buys.com). A 0.9% surcharge on the price of the handbag is payable for all laybys and this is non-refundable. If you layby a handbag from us, you must pay each installment in full by the date specified, and time is of the essence in this regard, or otherwise we may elect to immediately terminate the layby arrangement. If a layby order is cancelled at your request or due to you not paying an instalment by the due date, then a cancellation/processing fee of 10% of the price will be retained and the balance of your payments will be refunded to you.
14. RELEASE AND INDEMNITY
You agree to release and hold harmless and indemnify and keep indemnified us, and our officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs suffered by you (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person in relation to or in connection with your use of the Site, the Software, the Content or your failure to comply with these Terms and Conditions, or from your violation of any applicable law or the access to the Site by a third party, either with or without your knowledge.
You acknowledge and agree that these Terms and Conditions apply to updates, supplements, add on components, or internet based services components of the Software and the Site together with any other terms along with the update, supplement, add-on component or internet based services components which we provide.
16. BREACH AND TERMINATION
(a) We reserve the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that we believe, in our sole discretion:
(i) violates any term or provision of these Terms and Conditions; or
(ii) violates the rights of us or any third party; or
(iii) is otherwise inappropriate for continued access and use of the Site.
(b) We may terminate your right to access to, or use of, all or part of the Site, immediately on written notice to you, if you:
(i) commit a material breach of these Terms and Conditions, which is capable of remedy, and you fail to remedy the breach within a reasonable time of a written notice to do so; or
(ii) commit a material breach of these Terms and Conditions which cannot be remedied; or
(iii) are repeatedly in breach of these Terms and Conditions; or
(iv) fail to pay any Fees or charges payable for the access to and use of the Site pursuant to these Terms and Conditions.
(c) Termination of your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
(a) Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
(b) We may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.
(c) We shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of us, including any form of technological failure or the actions of third parties.
(d) These Terms and Conditions constitute the entire agreement between you and us with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
(e) No oral explanation or information provided by a party to another affects the meaning or interpretation of the Terms and Conditions or constitutes any collateral agreement, warranty or understanding.
(f) If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed severed to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
(g) The failure by us to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of ours in respect of any existing or subsequent breach of these Terms and Conditions.
(h) No waiver by a party of a provision of these Terms and Conditions is binding unless made in writing.
(i) The law of Queensland, Australia govern these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms and Conditions.
(j) We operate the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
(k) Where possible, the obligations of the parties under these Terms and Conditions will indefinitely survive the finalisation or discontinuance of these Terms and Conditions.
(l) These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
(m) The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms and Conditions.
(n) The rights and remedies of a party to these Terms and Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
(o) The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
(p) Any notice or demand in writing required to be given by one party to the other shall be sufficiently served if:-
(i) served personally or by pre-paid mail to the party’s address;
(ii) sent by facsimile machine to the party’s facsimile machine;
(iii) sent in electronic form by email to the party’s email address; or
(iv) published by notice on the Site.
i. “APPs” means the Australian Privacy Principles pursuant to the Privacy Act 1988 (Cth) (“Privacy Act”);
ii. “personal information” means any information, including any opinion, about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in material form or not; and
iii. “sensitive personal information” is personal information which is given a greater level of protection under the APPs.
(b) Luxe.It.Fwd Pty Ltd ACN 603 461 212 (hereafter referred to as “our”, “us” or “we”, as the context may require) is committed to maintaining the privacy and confidentiality of personal information of our customers and others that we deal with. We believe that the responsible use of personal information collected is critical to our business objectives and reputation.
(c) We are subject to the Privacy Act and will adhere to the APPs when collecting, using, disclosing, securing, correcting, updating and providing access to personal information.
2. PERSONAL INFORMATION COLLECTION
(a) Whilst interacting on the Site we may collect the data of your IP address and other information via your browser's cookies (see clause 5 below) or other data that you expressly provide us including without limitation through contact forms, registration, via email and at checkout, such as your name, address, email address, phone number, referral source and other details you provide us regarding your enquiry, or data you provide by following or contacting us on Instagram or Facebook. (collectively referred to as the “Personal Information”) We will collect and use such data as is necessary for you to use our services, respond to requests and or, if applicable, for marketing purposes (except that we will not email you our newsletter unless you have expressed signed up to receive this) and any referral program or affiliate marketing program we may be part of from time to time with a third party. By providing the Personal Information in those specific purposes, you consent to our collection and use of that data for the purposes of providing services to you, operating our site and our participation in any referral program or affiliate marketing program with a third party.
(b) Information that you provide us through checkout or other contact forms is used for customer service records and will not be used to market to you, and you will only receive marketing emails from us if you have expressly elected to receive those. You may opt out of marketing emails from us at any time by selecting the unsubscribe link on the email or by emailing us at firstname.lastname@example.org
(c) The types of personal information which we collect will depend on the circumstances of its collection and the nature of your particular dealings with us. In general however we collect personal information for marketing to identify your needs so we can provide you with the appropriate products of services, statistical analysis, dealing with queries, dealing with complaints, maintaining records, business arrangements and accounts payments, or collect personal information for marketing to ascertain the referral source as this may relate to any referral program or affiliate marketing program.
(e) Where it is lawful and reasonable to do so, you can remain anonymous or use a pseudonym if you wish however it may reduce the type and quality of products of services we will be able to provide.
(f) Generally speaking you are not obliged to provide us with personal information. However failure to do so may impact on the products or services that we can provide. Further if you choose not to supply information appropriate to the task or service required, it may mean that we are unable to transact business with you or provide you with an appropriate level of service.
(g) We understand the importance of protecting children’s privacy. Our website and our Facebook, Instagram, Twitter and LinkedIn pages are not intentionally designed for or directed at children under the age of 13 years. It is our policy never to knowingly collect or maintain information about anyone under the age of 13.
(h) Personal information that we collect and use may also be sensitive personal information and we are required to ensure that sensitive personal information is only collected with your consent and that reasonable steps are taken to ensure the appropriate use, disclosure and protection of your sensitive personal information. We only collect sensitive personal information where we are permitted to do so under the APPs and if such information is necessary to provide our products or services to you or where we are required to collect this information by law. We may also collect and use Government identifiers where authorised to do so by law. We will only use this information where we are required to do so by law or in order to properly identify your or your property.
3. USE AND DISCLOSURE OF PERSONAL INFORMATION
(a) We collect and use such data as is necessary for you to use our services, respond to requests and or, if applicable, for marketing purposes (except that we will not email you our newsletter unless you have expressed signed up to receive this) and any referral program or affiliate marketing program we may be part of from time to time with a third party.
(b) We will not use your personal information for purposes other than those set out below without your consent or unless that use is authorised under the Privacy Act.
(c) We use your personal information to respond to your requests to provide you with information about our products and services and to provide any of our products and services. For example, if you send us an email message requesting information about our business, we will use your email address and other information you supply to respond to your request.
(d) We may use your personal information to inform you about our other products, services or locations from time to time, however however only if you have elected to receive this communication and you may at any time opt out of receiving such communications.
(d) The personal information you provide to us will be retained only for as long as necessary to fulfil the purposes for which the information was collected or as required by law, and will be erased from our system following this time.
(f) We do not share personal information with third parties except as necessary to provide our products and services or as required by law or other legal processes, or in furtherance to our referral program and affiliate marketing program. We never sell your personal information.
(g) Personal information collected by us may be transferred to our external service providers or other third parties where it is necessary to meet the purpose for which you have submitted the information. By submitting data to us electronically, you are providing explicit consent to trans-border transmission of data collected via our website or via our Facebook, Instagram, Twitter of LinkedIn pages.
4. DATA QUALITY AND ACCESS
(a) We take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. We may ask you to inform us of any changes to your personal information.
(b) You can contact us at any time regarding your personal information. You have the right to request copies of your personal information, which we may charge you a small fee for this service. You have the right to request that we correct any information you believe is incomplete. You have the right to request that we erase your personal information, under certain conditions. You have the right to request that we restrict the processing of your personal information, under certain conditions. You have the right to object to our processing of your personal information, under certain conditions. You have the right to request that we transfer the data that we have collected to another organisation or directly to you, under certain conditions. If you would like to exercise any of these rights, please email us at email@example.com
(c) In certain instances we may not be required or able to provide you with access to or to correct your personal information. If this occurs we will give you reasons for our decision not to provide you with such access or correction of your personal information.
(d) All requests for access and/or correction will be processed within a reasonable time. In some situations, you may be able to access and correct your personal information directly through our website.
(e) There is no applicable fee for making a request to access your personal information. However we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third party provider.
5. COOKIES AND WEBSITE
(d) In addition to the above provisions, when you visit our website, our internet service provider may automatically record the following information about you for statistical purposes – your server address, your domain name, date and time of your visit to our website, pages you accessed and the information or documents you downloaded and the type of browser you used.
6. OVERSEAS TRANSFER OF PERSONAL INFORMATION
(a) We may use internet service providers, other hosting and storage providers, cloud providers and or the services of external service providers as is necessary to meet our business needs, and such providers may be located within Australia and may be overseas. This means that your personal information supplied to us through our website, expressly to us or via our social media websites may sometimes be transferred overseas. Any external service providers we use only process your personal information per our directions and ensuring to maintain the confidentiality of your personal information.
(b) If you elect to provide personal information to us through any of our online services you are deemed to consent to the overseas transfer of such information.
(c) Apart from the above we will only transfer your personal information overseas if we are required to do so by law, or we reasonably believe that the recipient will be required to uphold privacy principles which are similar to the APPs, or you have consented to the transfer, or it is not practical to obtain your consent or the transfer is for your benefit and your consent is likely to be given, or the transfer of the information is necessary for the performance of a contract between you and us, or we have taken reasonable steps to ensure that your personal information will not be held, used or disclosed by the overseas recipient which does not comply with the Privacy Act and/or the APPs.
7. DATA SECURITY
(a) We have technological and operational security policies and procedures in place designed to provide reasonable protection against misuse and loss, and from unauthorised access, interference or modification, disclosure or unintentional destruction.
(b) Our personnel who have access to personal information have been trained to maintain the confidentiality of such information.
8. OPTING IN AND OUT
(d) We may also contact you to provide you with information about our products and services through our direct marketing systems. You may opt out of receiving such promotional material at any time by contacting us.
9. FURTHER INFORMATION
(b) If you are not satisfied with how we handled your complaint, you can lodge a complaint with us or with the Office of Australian Information Commissioner at:
Postal Address: GPO Box 5218, Sydney NSW 2001
Telephone: 1300 363 992 (or +61 2 9284 9749 if calling from outside of Australia)
Facsimile: +61 2 9284 9666